Assembly Bill A2038

2017-2018 Legislative Session

Revises procedures for issuance of retail and special retail liquor licenses for on premises consumption regarding the posting of certain notices

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Archive: Last Bill Status - On Floor Calendar

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A2038 (ACTIVE) - Details

Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §100, ABC L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3829
2011-2012: A1077
2013-2014: A1577
2015-2016: A512

2017-A2038 (ACTIVE) - Summary

Revises procedures regarding the issuance of both retail and special retail liquor licenses for on-premises consumption regarding the posting of certain notices: requires use of certain ink (i.e., pink ink of a neon, luminous or fluorescent variety such as "Day-Glo" ink) in the notice which the applicant must post at the proposed premises giving notice of the filing of the application, and also requires the applicant to post a copy of written notice of the scheduled hearing, and to include therewith a statement of the proposed use and capacity of the proposed premises; and imposes obligation on applicant to make reasonable efforts to insure that both of these posted items remain posted and to re-post these items upon receipt of a written request from the authority.

2017-A2038 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2038
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Economic Development
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   procedures associated with issuing retail and special retail  licenses
   to sell liquor for on-premises consumption

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 8 of section 100  of  the  alcoholic  beverage
 control  law, as added by chapter 256 of the laws of 1978, and as renum-
 bered by chapter 466 of the laws of 2015, is amended to read as follows:
   8.  Within ten days after filing a new application to sell  liquor  at
 retail  under  section sixty-three[, sixty-four, sixty-four-a] or sixty-
 four-b of this chapter, a notice thereof, in the form prescribed by  the
 authority,  shall  be  posted by the applicant in a conspicuous place at
 the entrance to the proposed premises. The applicant shall make  reason-
 able  efforts  to  insure such notice shall remain posted throughout the
 pendency of the application. The  provisions  hereof  shall  apply  only
 where  no  retail  liquor  license  has  previously been granted for the
 proposed premise  and  shall,  specifically,  not  be  applicable  to  a
 proposed  sale  of  an  existing  business engaged in the retail sale of
 liquor. The authority may adopt such rules AS it may deem  necessary  to
 carry out the purpose of this subdivision.
   §  2.  Section 100 of the alcoholic beverage control law is amended by
 adding a new subdivision 9 to read as follows:
   9. (A) WITHIN TEN DAYS AFTER FILING A NEW APPLICATION TO  SELL  LIQUOR
 AT  RETAIL  UNDER  SECTION SIXTY-FOUR OR SIXTY-FOUR-A OF THIS CHAPTER, A
 NOTICE THEREOF SHALL BE POSTED BY THE APPLICANT IN A  CONSPICUOUS  PLACE
 AT THE ENTRANCE TO THE PROPOSED PREMISES. SAID NOTICE SHALL BE IN A FORM
 PRESCRIBED  BY THE AUTHORITY, PROVIDED HOWEVER THAT SAID NOTICE SHALL BE
 EITHER PRINTED OR HIGHLIGHTED IN A PINK  INK  OF  A  NEON,  LUMINOUS  OR
 FLUORESCENT  VARIETY  (SUCH AS "DAY-GLO" INK).  THE APPLICANT SHALL MAKE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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